Conversion of office to asylum seeker housing faces court challenge

High Court reporters

A man is seeking to pursue a High Court challenge to a finding that planning permission is not needed to convert a Dublin 4 office block into accommodation for international protection applicants.

John Conway, from Dundalk, Co Louth, alleges Dublin City Council overlooked various environmental assessment requirements when it held that the proposed temporary change of use of the Merrion Road property was exempt from planning permission.

The three-story Merrion House, formerly let as offices by US-headquartered Jacobs Engineering, overlooks Dublin Bay.

Mr Conway, who describes himself as an environmental activist and is a frequent court applicant, wants an order overturning the council’s decision of last November to grant an exemption certificate for the proposal by Capital Scene Unlimited Company, which is linked to a development firm of former Panda Waste owner Eamon Waters.

He claims Capital Scene liaised with the Department of Intergration and submitted a letter to the council that outlined the Minister for Integration’s interest in using the three-storey Merrion House for accommodating or supporting people who are displaced or seeking asylum in Ireland.

Only the developer is able to appeal the decision to An Bord Pleanála, so the court “must provide an effective remedy”, said Mr Conway.

The case came before the High Court this week, when Ms Justice Emily Farrell raised some queries. She adjourned the matter until February 10th, when Mr Conway’s lawyers– Conor Power SC instructed by BKC Solicitors– are due to seek the court’s permission to proceed with the claim.

As well as a strike-down of Dublin City Council’s decision, Mr Conway wants the court to declare that regulations introduced in 2023 by Minister for Housing Darragh O’Brien are invalid.

The regulations permit planning exemptions for the temporary use of a building to accommodate asylum seekers. Mr Conway alleges the regulations were made outside the Minister’s powers and are unlawful.

He alleges the process leading to the council’s decision was in breach of the EU’s Habitats Directive and laws related to access to information and public participation in decision-making. There was no assessment of the proposal’s likely effects on nearby protected sites, including Dublin Bay.

Mr Conway has brought his judicial review against the Council, the Minister for Housing, the Attorney General and Ireland. Capital Scene is a notice party. The responding parties have not yet had a chance to dispute his claims in court.